Can Alimony (Spousal Support) be waived in a Prenuptial Agreement?
Spousal Support can be waived or restricted by the parties in a prenuptial agreement. However, to be enforceable each party must have their own attorney; otherwise the party without representation could challenge that section of the Prenup and attempt to get alimony (spousal support) even if s/he waived it in the Prenup. However, that party will still have to demonstrate that they are entitled to it. Thus, if there is a provision that limits or waives alimony, CA PRENUP strongly recommends having separate legal counsel for both parties. Additionally, the California courts have ruled that the Waiver of Alimony can be overruled at the time of divorce if the waiver is found to be ‘unconscionable.’ Under certain circumstances the courts may overrule a waiver of spousal support based on the parties’ relative financial positions at the time of divorce, not when they signed the contract. While not always effectual, depending on the parties circumstances at the time of divorce, it is better to
Related Questions
- If I have a court ordered obligation for spousal support or child support, can I have a binding verbal agreement to modify the amount without changing the order?
- Whether the parties who are seeking a divorce in Virginia have reached an agreement as to alimony (spousal support) if any?
- Can payment of spousal support be waived under the terms of my prenuptial agreement?
